Neighbours tree

Suburbs need trees. They beautify our city and landscape, but disputes over trees can cause conflict between neighbours.

Council will not become involved in neighbourly disputes about trees.  It is a civil matter between neighbours, council does not get involved or act as a mediator between parties.  If you have any issues with neighbour's trees you should talk to your neighbour first and try to resolve it between yourselves.  If you cannot agree then you should seek legal advice.

If a tree is overhanging a public place such as hindering the use of a footpath, or the tree is on council land please tell us. 

Overhanging branches or tree roots

If the roots or branches of a neighbour's tree cross the boundary, you can cut or trim them.  The owner of the tree cannot be asked to pay for the cost of removing branches.

Any overhanging fruit or flowers belong to the tree owner, neighbours should ask before picking them.

If tree roots or branches cause damage

If the roots from your neighbour's tree continually block your drains, which means you have to get a plumber to clear them, or the branches are pushing the fence over, ask the tree owner to do something about it. 

You can only cut roots on your side of the boundary.  If you poison the roots, and the tree dies, the tree owner could claim compensation.

Your right to take action stops at the boundary line between your property and your neighbours'. 

Leaves falling onto your property

If your neighbour's tree drops leaves onto your property, or blocks your guttering, you're allowed to prune the overhanging branches back to the fence line. 

Trees blocking your sunlight

If your neighbour's tree is blocking sunlight to your house, talk to your neighbour.  If your neighbour won't do anything about it, you could take legal action.  You will have to convince a court that the tree is having an adverse effect on your property and enjoyment of it. 

Loss of view

If trees are blocking your view, even if the offending trees are not on your neighbour's property but on a property further away, you can do something about it.  However, it may need to be resolved in court if talking to the tree owner does not work.

Links to more tree information

Citizens Advice Burearu website

Pamphlet - Your neighbour's trees